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Where Taxpayers and Advisers Meet

SDLT 3% / solicitor different view

perry01
Posts:1
Joined:Tue Mar 28, 2017 12:27 pm
SDLT 3% / solicitor different view

Postby perry01 » Tue Mar 28, 2017 12:41 pm

Hello all,

I need to understand what my options are if my solicitor disagrees with my self assessment of SDLT.

- I am married.
- We own a number of properties bought in 2006/2007 that are rented out.
- Our main residence is in my wife's name, we have lived there for about 2 years
- We are selling the main residence and purchasing a property to replace it and live in it.

As far as I understand it is clear that we are replacing main residence, our assets and ourselves are treated as one unit because we are married.We are not subject to the higher charge.

My solicitor got confused and referred me to the joint ownership section of the SDLT government website. He is now "reviewing" it again.

I'm concerned that he won't complete the transaction if he fundamentally has a different view. What are my options and how should I address it with him ?

Thanks in advance,

P

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: SDLT 3% / solicitor different view

Postby maths » Tue Mar 28, 2017 4:21 pm

1. Is the purchase a joint or sole purchase?

2. Is a mortgage involved?

SteLacca
Posts:448
Joined:Fri Aug 07, 2015 2:17 pm

Re: SDLT 3% / solicitor different view

Postby SteLacca » Wed Mar 29, 2017 4:34 pm

I think this is the legislation that you want:

(6)For the purposes of sub-paragraph (5) the purchased dwelling is a replacement for the purchaser's only or main residence if—

(a)on the effective date of the transaction (“the transaction concerned”) the purchaser intends the purchased dwelling to be the purchaser's only or main residence,

(b)in another land transaction (“the previous transaction”) whose effective date was during the period of three years ending with the effective date of the transaction concerned, the purchaser or the purchaser's spouse or civil partner at the time disposed of a major interest in another dwelling (“the sold dwelling”),

(c)at any time during that period of three years the sold dwelling was the purchaser's only or main residence, and

(d)at no time during the period beginning with the effective date of the previous transaction and ending with the effective date of the transaction concerned has the purchaser or the purchaser's spouse or civil partner acquired a major interest in any other dwelling with the intention of it being the purchaser's only or main residence.


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